Guidelines for Law Enforcement Requests

Overview

US Mobile, Inc. ("US Mobile", "USM", "we", "our") is committed to protecting the privacy and security of our customers while complying with applicable laws and lawful requests from government and law enforcement agencies. These Guidelines explain how law enforcement may request information from US Mobile. These Guidelines are for informational purposes only and do not create any contractual rights or obligations.

General Principles

US Mobile will disclose customer information only when required or permitted by law. We evaluate all law enforcement requests carefully to ensure they are legally valid, appropriately scoped, and properly issued.

Guidelines for Requesting Information From US Mobile

Valid legal process should be submitted to [email protected]. Valid process submitted to US Mobile at minimum should:
• be addressed to the US Mobile, Inc., Attn: Legal, 295 Madison Avenue, 6th Floor, New York, NY 10017;
• be issued by the appropriate authority;
• be signed by the appropriate authority, such as a judge. Legal process must be signed pursuant to local court rules, including by an electronic or telephonic signature;
• be dated;
• provide a date and time to return the responsive materials, if applicable; and
• specifically identify the targeted account and the type(s) of information within the account to be disclosed.

Emergency Disclosure Requests

US Mobile may, in limited emergency circumstances, voluntarily disclose information to law enforcement without prior legal process when we believe, in good faith, that an emergency involving imminent danger of death or serious physical injury requires immediate disclosure. The information disclosed must be limited to the amount necessary to specifically address the ongoing emergency.
To submit an emergency disclosure request, law enforcement must:
• certify that they are authorized by law to obtain the requested records;
• certify that the request is, in fact, related to an emergency involving danger of death or serious physical injury that requires disclosure without delay of information relating to that emergency;
• certify that law enforcement is unable to obtain legal process in time to respond to the emergency; and
• if required by law, follow-up with legal process.

US Mobile’s User Notice Policy

In the absence of a basis for non-disclosure, US Mobile will notify the user of the request. Law enforcement should therefore take care to indicate any legal restrictions on disclosure in its submission of process to [email protected]. Specifically, law enforcement should:
• provide a lawful non-disclosure order; or
• identify another legal basis prohibiting user notice, such as language in the legal process itself or statutory language that prohibits user notice.
After expiration of a nondisclosure order or other basis for nondisclosure, US Mobile may provide notice to users regarding law enforcement requests for their data. The notice that US Mobile typically provides to its users informs them that we have received a request from a law enforcement agency about their account and provides them with the name of the requesting agency. Users are also informed that US Mobile is required to respond to lawfully issued process.

Data Retention and Availability

US Mobile does not guarantee the availability of any specific data. Data may be retained for limited periods in accordance with our internal retention policies, operational requirements, and applicable law. We cannot retrieve information that has already been deleted or that we do not collect in the ordinary course of business.

International Requests

US Mobile responds to U.S. legal processes. Requests from foreign law enforcement agencies must be submitted through appropriate legal channels (such as mutual legal assistance treaties (MLATs) or letters rogatory) unless otherwise permitted by law.
For more information on US Mobile’s policies, see www.usmobile.com/legal.